Oberti vs. Board of Education of the Borough of Clementon School
=District (3rd Circuit Court, 1993)
= In finding for the parents in Oberti, the court ruled in favor of a placement that was more inclusive than that provided by a self-contained placement. Specifically, the court ruled that three factors must be considered:
The court should consider whether the district made reasonable efforts to accommodate the child in regular education. The school must "consider the whole range of supplemental aids and services . . ."
The court should compare the educational benefits the child would receive in regular education (with supplemental aids and services) contrasted with the benefits in a special education classroom.
The court should consider the effect the inclusion of the child with disabilities might have on the education of other children in the regular education classroom.
If, after considering these factors, the court determines that the child cannot be educated satisfactorily in a regular classroom, the court must consider whether the schools have included the child in school programs to the maximum extent appropriate.
Oberti vs. Board of Education of the Borough of Clementon School
=District (3rd Circuit Court, 1993)
=
In finding for the parents in Oberti, the court ruled in favor of a placement that was more inclusive than that provided by a self-contained placement. Specifically, the court ruled that three factors must be considered:
- The court should consider whether the district made reasonable efforts to accommodate the child in regular education. The school must "consider the whole range of supplemental aids and services . . ."
- The court should compare the educational benefits the child would receive in regular education (with supplemental aids and services) contrasted with the benefits in a special education classroom.
- The court should consider the effect the inclusion of the child with disabilities might have on the education of other children in the regular education classroom.
If, after considering these factors, the court determines that the child cannot be educated satisfactorily in a regular classroom, the court must consider whether the schools have included the child in school programs to the maximum extent appropriate.http://www.weac.org/Issues_Advocacy/Resource_Pages_On_Issues_one/Special_Education/special_education_inclusion.aspx
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